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Summer 2008
Internet Legal Policy - Emerging Law and Policy Changes. May 12 through July 8 five - once a week class Tuesday 7:40 pm 9:55 pm 5/27, 6/3,10,17 and 7/1 three - twice a week class Tuesday and Thursday 7:40 to 9:10 pm - 5/13,15,20,22 and 6/24,26 This course will examine the claim that the Internet is different from matter addressed by traditional law and the statutory policy implications of this claim. Focusing on Internet communication, entertainment, and commerce the class will address the following legal questions: Is Internet something so substantially new that is requires changing traditional laws or legal procedures? Can existing telecommunications laws, publishing laws, and broadcasting laws properly govern Internet transactions? What legal policy and procedures should be alternated to facilitate the governance Internet transactions and yield acceptable results when Internet difficulties arise? Which special Internet legal difficulties might be best addressed through reforms in statutes? This course will cover novel legal and legislative policy issues associated with the news media and entertainment businesses, wrought by the Internet. Key doctrinal areas of inquiry include intellectual property, the First Amendment, defamation, and privacy. Course requirements include group coursework, a class presentation and a final paper. No final examination. Final work product due in class on July 1. Class Meeting Details and Description
Class Number TUESDAY May 13 7:40 to 9:10 pm Introduction: Is the Internet law different from matter addressed by traditional law? If so, what are the statutory policy implications of this claim? THURSDAY May 15 7:40 to 9:10 pm Background: Review elements of Internet communication, entertainment, and commerce. Review element of statute drafting and associated policies TUESDAY May 20 7:40 to 9:10 pm International, economic and social policy issues associated with emerging Internet related case law and statues THURSDAY May 22 7:40 to 9:10 pm Application of existing telecommunications laws, publishing laws, and broadcasting laws properly govern Internet transactions. TUESDAY May 27 7:40 pm 9:55 pm What legal policy and procedures should be alternated to facilitate the governance Internet transactions and yield acceptable results when Internet difficulties arise? TUESDAY June 3 7:40 pm 9:55 pm Novel litigation and legislation specifically designed to address Internet legal difficulties associated with the news media and entertainment businesses. TUESDAY June 10 7:40 pm 9:55 pm Unique Internet characteristics warrant special treatment for intellectual property, the First Amendment, defamation, and privacy. TUESDAY June 17 7:40 pm 9:55 pm Special Internet legal difficulties best addressed through statutory reform. TUESDAY June 24 7:40 to 9:10 pm Internet legal difficulties best addressed through new statutes and novel private agreements. THURSDAY June 26 7:40 to 9:10 pm Civil and criminal procedural changes required for Internet litigation. TUESDAY July 1 7:40 pm 9:55 pm Group and Individual Class presentations and Special Topics
B. Elements of e-commerce Credit Cards, Advertisement, Internet Keywords, Trademarks C. Self Help See Bick “E-Self Help” New Jersey Law Journal September 30, 2002 http://www.bicklaw.com/Publications/e-self_help.htm D. Insurance E. Different kind of Property Right See Bick “Different Kind of Property Right” New Jersey Law Journal August 8, 2005 http://www.bicklaw.com/Publications/InternetAssets.htm F. Special Issues
THURSDAY May 15 7:40 to 9:10 pm Background: Review elements of Internet communication, entertainment, and commerce. Review element of statute drafting and associated policies.
Ordinary and Specialized Meaning Terms of art Ordinary meaning and dictionary definitions Statutory Language Not to be Construed as “Mere Surplusage” Same Phrasing in Same or Related Statutes Different Phrasings in Same Statute Statutory Silence De Minimis Principle Overriding Presumptions Nationwide Application of Federal Law Waiver of Sovereign Immunity Non-retroactivity / Effective Date Avoidance of Constitutional Issues
Extraterritorial Application Disfavored Judicial Review of Administrative Action Deference to Administrative Interpretation Repeals by Implication Remedial Statutes Preambles (“Whereas Clauses”) Findings and Purposes Sections “Notwithstanding Any Other Provision of Law” Implied Private Right of Action Incorporation by Reference Severability Legislative History Plain Meaning Rule Uses of Legislative History Subsequent legislation Signing Statements
TUESDAY May 20 7:40 to 9:10 pm International, economic and social policy issues associated with emerging Internet related case law and statues
New Zealand Teen Charged in Global Hacking Case A New Zealand teenager allegedly at the center of an international cyber crime network appeared in court where he was charged with computer hacking crimes. Computer programmer Owen Thor Walker, 18, was charged with two counts of accessing a computer for dishonest purpose, damaging or interfering with a computer system and possessing software for committing crime, and two counts of accessing a computer system without authorization. (Source: The Washington Post 3/08) Yahoo Sued Again in Chinese Dissident E-mail Case Yahoo and at least one subsidiary face their second major lawsuit by Chinese dissidents claiming the company aided Chinese authorities by handing over e-mails and other electronic communications that ended up landing one plaintiff in jail. The current lawsuit, filed by plaintiffs Li Zhi, Zheng Cunzhu, and Guo Quan in the U.S. District Court of Northern California, seeks damages for their suffering at the hands of Chinese officials after Yahoo and Yahoo Hong Kong allegedly provided access to e-mails, e-mail records, and user identification information and other data to authorities in China. (Source: InfoWorld 3/08)
See Bick "How e-Commerce Laws Can Increase the Digital Divide" NATOA Journal of Municipal Telecommunication Policy December 2000;“ THURSDAY May 22 7:40 to 9:10 pm Application of existing telecommunications laws, publishing laws, and broadcasting laws properly govern Internet transactions.
US federal and state regulators, including the Federal Communications Commission (FCC) and the National Telecommunications and Information Administration (NTIA); The European Commission and European national regulators, including OFTEL (UK), ART (France), RegTP(Germany), AGCOM (Italy), CMT (Spain), OFCOM (Switzerland), ODTR (Ireland), and OPTA (Netherlands); International regulators, including the International Telecommunication Union (ITU) and the World Trade Organization
TUESDAY May 27 7:40 pm 9:55 pm What legal policy and procedures should be alternated to facilitate the governance Internet transactions and yield acceptable results when Internet difficulties arise?
TUESDAY June 3 7:40 pm 9:55 pm Novel litigation and legislation specifically designed to address Internet legal difficulties associated with the news media and entertainment businesses.
TUESDAY June 10 7:40 pm 9:55 pm Unique Internet characteristics warrant special treatment for intellectual property, the First Amendment, defamation, and privacy. A. Judge Drops Injunction Against Wikileaks Domain Name Wikileaks is getting its domain name back. After spending 90 minutes or so hearing arguments from a raft of attorneys -- two representing the Swiss bank that fought to get the site's plug pulled and about 10 who are trying to get the site back online -- a federal judge here has ruled in favor of Wikileaks. (Source: CNET News.com 3/08) B Electronic Surveillance and the Need for Strong Privacy Protections 1. The Legal Framework 2. Erosion of the Wiretap Laws' Protective Scheme 3. Enhancements in Government Surveillance C. Technological Trends Affect Privacy and Law Enforcement - DOE suits Bick "Download Enforcers May Be Singing New Tune" New Jersey Law Journal" July 16, 2007 http://www.bicklaw.com/Publications/RIAAEnforcement.htm Bick "The Recording Industry Association of America Sues Its Members' Customers” New Jersey Law Journal November 3, 2003 http://www.bicklaw.com/Publications/RIAA_Suits.htm D. Protecting "Papers" in Cyberspace - The Internet and the Fourth Amendment E. Preserving Government Surveillance Capabilities While Protecting Privacy And Encouraging Technological Innovation 1. Congress' Legislative Mandate for Surveillance Features Was Premised on the Effective Enforcement of Strict Privacy Protections 2. The Role of Congress and the FCC in Ensuring Balanced Implementation of CALEA 3. CALEA as an Exercise in Control and Accountability F. Realizing the Privacy- Enhancing Potential of Encryption Technology Class 7 - Continued G. First Amendment Reno v. American Civil Liberties Union, 117 S. Ct. 2329 (1997). In 1996, Congress passed the Communications Decency Act in attempt to curtail "indecent" and "patently offensive" speech on the Internet. H. Specific issues
TUESDAY June 17 7:40 pm 9:55 pm Special Internet legal difficulties best addressed through statutory reform.
D. Digital Millennium Copyright Act (DMCA) 1. DMCA implements two 1996 WIPO treaties criminalizes production and dissemination of technology, devices, or services that are used to circumvent measures that control access to copyrighted works criminalizes the act of circumventing an access control, even when there is no infringement of copyright itself. amended title 17 of the U.S. Code to extend the reach of copyright, while limiting the liability of Online Providers from copyright infringement by their users
See Bakers Delight Holdings Ltd v. Andrew Austin Case No. D2008-0006- (Course Materials 2) or http://www.wipo.int/amc/en/domains/decisions/html/2008/d2008-0006.html TUESDAY June 24 7:40 to 9:10 pm Internet legal difficulties best addressed through new statutes and novel private agreements. A. Va. Supreme Court Upholds Felony Spam Conviction A divided Virginia Supreme Court affirmed the nation's first felony conviction for illegal spamming, ruling that Virginia's anti-spamming law does not violate free-speech rights. Jeremy Jaynes of Raleigh, N.C., considered among the world's top 10 spammers in 2003, was convicted of massive distribution of junk e-mail and sentenced to nine years in prison. (Source: USA Today 3/08) B. Public law - 1. Can Spam Act Bick "Dual Use Spam" New Jersey Law Journal May 8, 2006; http://www.bicklaw.com/Publications/DualUseSpam.htm SPAMMERS ADAPT AND PERSEVERE - 'DUAL USE' SPAM CIRCUMVENTS LEGISLATIVE AND TECHNOLOGICAL RESTRICTIONS 2. E-signature Act Bick "“Lawful Viable E-Signature Options” New Jersey Law Journal June 7, 2004 http://www.bicklaw.com/Publications/Viable_e-signature.htm C. Private law - 1. Minimum Advertised Price Agreements Bick "Coordinating Traditional and Internet Sales" New Jersey Law Journal May 28, 2007 http://www.bicklaw.com/coordinating.htm MAP AGREEMENTS CAN HELP MAINTAIN LEVEL PLAYING FIELD FOR BRICK AND MORTAR STORES 2. Terms of use agreements D. International agreements Moroccan Jailed for Facebook Impersonation Freed A Moroccan computer engineer jailed for setting up a Facebook account in the name of King Mohammed's brother freed after a royal pardon, was jailed for three years and given a $1,370 fine for falsifying data and imitating Prince Moulay Rachid without his consent. (Source: Reuters 3/08 ) THURSDAY June 26 7:40 to 9:10 pm Civil and criminal procedural changes required for Internet litigation.
TUESDAY July 1 7:40 pm 9:55 pm
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